immigration law

Entrepreneurs, Professionals and Family members of U.S. Citizens seeking to immigrate to the United States face a unique set of challenges. The process is complicated, involving a significant time commitment, especially if you are not familiar with the applicable U.S. immigration requirements. Additionally, without expert advice, there is a strong risk that you could make errors that could lead to the denial of your immigration application. At Myburgh Leleu & Gomez Alfaro we have an experienced team of immigration attorneys who will seamlessly guide you through your entire immigration process.

We have more than 20 years of experience in providing legal services. Our attorneys combine business knowledge and legal experience with a strong commitment to providing you with the best immigration solutions and strategies to immigrate to the United States.

Immigration for Investors & Entrepreneurs

Myburgh Leleu & Gomez Alfaro has extensive experience in working with foreign-based start-up founders, small and medium size businesses that want to open and establish offices in the United States. Similarly, we represent entrepreneurs who face unique immigration challenges that require creativity, agility, and innovative solutions.

The attorneys at Myburgh rise to these challenges every day; we have successfully assisted entrepreneurs in planning and facilitating the inbound immigration of a company’s shareholders, executives, and key employees to the United States.

U.S. Immigration law supports investors and foreign commerce in a variety of ways. Below is a list of visas that may be of interest to you if you are an entrepreneur who wants to invest and/or establish a presence in the U.S.

E-2 Visa

The E-2 visa is probably the most popular visa for entrepreneurs because it does not require an investment of a minimum amount. The E-2 visa is available to treaty investors, i.e., investors from a country with which the United States maintains a treaty of commerce and navigation. A list of countries eligible for the E-2 visa is available here. Myburgh can advise you on setting up the right type of business and corporate structure to obtain an E-2 visa. The Myburgh attorneys have the know-how and are adept at navigating the difficulties to enable you to become a treaty investor.

EB-5 Green Card

The EB-5 immigrant investor visa category is designed to attract foreign capital to the U.S. and, in the process, create jobs for American workers.

EB-5 visas are reserved for immigrants who have invested, or who are in the process of investing, at least $500,000 in a new commercial enterprise that employs at least 10 full-time U.S. workers.

Under this category, an investor may also choose to invest in a regional center. Regional centers are projects that have already been approved by the U.S.  government as potentially qualifying for EB-5 investment.

In this situation the investor usually is passive, and only contributes funds to the project. A full list of current regional centers can be found here.

Myburgh, Leleu & Gomez Alfaro can help you to navigate the potential pitfalls of the EB-5 process and to obtain green cards for you and your immediate family members to accompany you to the U.S.

Myburgh | Immigration, assisting entrepreneurs with investors visas. Call us at 212.381.6032 or contact us online.

Immigration for Professionals

Foreign professionals who want to come to work in the United States require employment visas. Depending on the type of employment opportunity and their qualifications, such a professional may be eligible for one or more employment-based visas. The attorneys at Myburgh are experienced employment immigration attorneys that understand the complexities of the visa application process and can help guide you through the entire process. Among other options, the Myburgh attorneys specialize in obtaining the following Employment Visas:

  • H-1B Visas: For Professionals Coming to the U.S.
  • H-2 Visas: For Seasonal Workers
  • O Visas: For Persons of Extraordinary Abilities
  • P Visas: For Performers and Athletes
  • TN Visa: NAFTA Treaty Visas for Professionals from Mexico and Canada
  • L Visa: For Intra-Company Transfer of Employees to a U.S. Office

The attorneys at Myburgh work with employees and employers to prepare and submit applications for employment visas. We also successfully guide students and recent graduates in the transition from F-1 & J-1 student status to an appropriate employment visa while waiting for a decision on an H-1B visa application. Additionally, we advise clients on whether a B-2 visitor visa is sufficient for their short-term travel on assignments to the U.S.

Permanent Employment Immigration

The immigration process of permanent workers seeking a green card is complex, time-consuming, and costly. Mistakes are commonplace and could be detrimental to your immigration objectives. The attorneys at Myburgh Leleu & Gomez Alfaro assist corporate and individual clients in obtaining their green cards based on employment. Our dedication to creatively finding immigration solutions is what sets us apart from other immigration practitioners. We help organizations of all types and sizes with the entire range of employment-based immigration solutions, including but not limited to:

  • The First-Preference (EB-1) Visa: For Individuals of Extraordinary Ability
  • The Second-Preference (EB-2) Visa: For Professions with an Advanced Degree or an Exceptional Ability
  • The Third-Preference (EB-3) Visa: For Skilled Workers, Professionals, or Other Workers

The EB-2 and EB-3 categories is subject to the complex PERM Labor Certification Process. In a nutshell, the PERM process requires the employer, to first test the labor market through a series of good-faith recruitment efforts. You must demonstrate that there are not sufficient able, qualified, and willing U.S. workers for the occupation in your intended area of employment and that employment of a foreign worker will not adversely affect wages and conditions of comparable U.S. workers.

We help employers navigate the PERM Process, with the goal of obtaining a labor certification as quickly as possible while minimizing exposure to all the potential risks. It is important to work with an experienced attorney to discuss your options before engaging in this process.

If your company is willing to concurrently sponsor 10+ foreign national workers for employment visas (e.g. H or L) or residency via PERM Labor Certification Myburgh Leleu & Gomez Alfaro would provide your company with a competitive fee quote. Myburgh attorneys have the experience to assist your organization with multiple cases and comprehensive immigration solutions to help you manage your global workforce.

Myburgh | Employment Immigration Attorneys can be reached at 212.381.6032 or you could contact us online.

Immigration for Families

Immigration for Families

Myburgh Leleu & Gomez Alfaro has extensive experience in matrimonial and family law, which gives the attorneys at Myburgh a unique perspective with respect to family-based immigration. We regularly represent U.S. Citizens and legal permanent residents in petitioning their spouses, children, siblings, and parents, to immigrate to and join them in the U.S.

As a U.S. Citizen, you may petition for a parent, spouse, fiancé (even if spouse or fiancé is residing overseas), siblings and children (irrespective of their age or marital status). As a lawful permanent resident (green card holder), you may petition for a parent, spouse, fiancé (even if spouse or fiancé is residing overseas), and children (irrespective of their age or marital status). You may not petition your siblings as a green card holder.

We also provide full support to dependants involved in their family’s immigration processes in the United States. We also work with employers and their employees to develop an immigration strategy, including the accompanying family members. Myburgh’s immigration professionals work closely with all the family members to prepare the required documentation for timely application processing, and help spouses and children remain compliant with all immigration requirements throughout their stay in the U.S.

Myburgh | Immigration, assisting with family-based immigration. Call us at 212.381.6032 or contact us online.

Immigration Litigation

Myburgh Leleu & Gomez Alfaro’s attorneys are experienced immigration litigators. Having collectively prosecuted more than three hundred immigration cases we have extensive litigation experience in the Immigration Courts and before the Board of Immigration Appeals. In addition, we provide immigration-related representation in the United States District Courts, especially before the Southern and Eastern Districts of New York and United States Court of Appeals for the 2nd Circuit.

Litigation for Business Immigration

Filing a lawsuit can be a powerful tool to prompt U.S. Citizenship and Immigration Services (USCIS) to issue an approval notice or to obtain a finding that USCIS wrongly rejected and/or adjudicated an application. The attorneys at Myburgh regularly apply for administrative remedies to reverse rejections by USCIS. If warranted, we would also seek judicial review to overcome a final but erroneous denial of your immigration application.

Litigation for Immigration Defense

Aggressive advocacy is necessary to properly represent anyone facing deportation. We have extensive experience in defending foreign nationals allowing them to remain in the United States. The attorneys at Myburgh have successfully defended hundreds of refugees seeking asylum, withholding or cancellation of removal. We have also helped to reinstate green cards for permanent residents placed in removal proceedings. The Myburgh attorneys have also been successful in securing the release of foreigners being held in detention by the U.S. Immigration and Customs Enforcement.

Immigration-related Federal Court Litigation

Litigation in Federal Courts is an effective, yet infrequently used, recourse for immigrants who are unfairly denied applications at the administrative level. Among other relief, we challenge:

  • The unreasonable delay in adjudicating an application of a petition, including the adjustment of status of a green card holder.
  • An erroneous denial in adjudicating an application for citizenship.
  • The unlawful detention of someone in immigration custody, after being denied a bond.
  • A removal order on non-discretionary grounds.

The attorneys at Myburgh furthermore secure stays, file mandamus motions, petitions for writs of habeas corpus and commence fully-fledged federal court litigation on behalf of immigrants and foreigners.

Myburgh | Immigration, aggressive immigration-litigation. Call us at 212.381.6032 or contact us online.